Medical marijuana storefront issue goes to committee

Dispensary rules to be considered

A divided San Diego City Council debated medical marijuana storefronts yesterday and ultimately could not agree on whether it will draft an ordinance to regulate the dispensaries.

After about half an hour of discussion, the council voted 7-1 to refer the issue of how and where the businesses should operate to one of its committees.

But several council members said they were concerned that creating an ordinance to regulate the storefronts would only pave the way for more marijuana dispensaries.

When referring the matter to a committee, the council removed language calling for an ordinance to be drafted. The council also called for input from neighborhood planning committees — a coalition of which is seeking a ban on dispensaries.

Councilman Carl DeMaio voted against sending the matter to committee, saying state laws are adequate.

Cities across the state have struggled to regulate medical marijuana since California voters approved its use in 1996. More than 100 cities have banned dispensaries and dozens of others have passed ordinances to regulate the collectives.

A San Diego citizen task force suggested regulations about issues including hours and security. Proponents of such regulations on the council argued it’s important to provide clear local rules to protect patients who have a legitimate right to medical marijuana. Although Californians approved the use of medical marijuana with Proposition 215, the law and subsequent guidelines have been unclear on what is legal, said Councilwoman Donna Frye.

“The idea is to be as specific and simple and understandable as possible so people intending to comply with the law know what is expected of them and it’s not open to someone’s interpretation,”

Frye said, as dozens of members of the audience applauded.

Others on the council raised concerns about the growing number of stores selling marijuana, they believe illegally.

“While some say this tightens the regulation of marijuana, I say this does the opposite,” DeMaio said. “I believe it gives license, waters down regulation and opens the door for more dispensaries throughout our city.”

Other council members who raised concerns with the task force recommendations were Tony Young, Sherri Lightner and Kevin Faulconer — all members of the Land Use and Housing Committee, which will take up the matter next.

The recommendations would require dispensaries to file for city permits, limit which zones they can be located in and force them to be at least 1,000 feet from schools and libraries.

Several medical marijuana advocates said yesterday they were disappointed by the council’s action.

“They gutted it,” said Rudy Reyes, a medical marijuana patient who was burned in the 2003 Cedar fire. “They didn’t adopt the recommendations, and now they want to put them in front of a group that is opposed to medical marijuana. So what they’re going to adopt will not uphold patients’ rights.”